Statute panel releases study papers

By J. Venkatesan

NEW DELHI, JAN. 8. The Constitution Review Commission today released a set of seven consultation papers and questionnaires for generating public debate and discussion.

Addressing a press conference after the release, the Chairperson of the Commission, Mr. Justice M.N. Venkatachalaiah, said the views expressed and suggestions contained in the papers ``are not the final views of the Commission''. He said responses to these papers and questionnaires (which would also be put on the website www.ncrwc.nic.in) should be sent to the Commission within a month.

Asked whether the issue of nationals of foreign origin holding high posts would be taken up, he said one of the members, Mr. P.A. Sangma of the Nationalist Congress Party, had submitted a paper in this regard.

``We have not yet decided whether to refer it to any one of the sub-groups or whether the Commission itself should take it up,'' he said. Asked whether a consultation paper would be prepared on the issue, he said ``it is hypothetical''.

Mr. Sangma, who was also present, said, ``I had raised it as an ideological issue with no specific reference to any individual. As a national issue, I feel that the Commission should take it up.''

The papers were released in the following areas: review of the working of political parties, specially in relation to elections and reform options; review of election law, processes and reform options; immunity of legislators under Article 105(2); treaty- making power under the Constitution; liability of the State in tort; all-India judicial service and efficacy of public audit systems; Comptroller and Auditor-General (CAG) reforming the institution.

The paper on political parties suggests various remedial measures for curbing criminalisation of politics, checking proliferation of independent candidates, and deals with the problems of party funding, monitoring election expenditure, patrimony of candidates and politicians, strengthening of anti- defection measures, the party system in governance and restoring moral standards in public life.

The paper on election law notes that a majority of the representatives are elected by a minority vote-cast and thus the representational legitimacy stands seriously eroded leading to hung Houses.

Remedial measures suggested include issuance of multi- purpose identity cards; introduction of electronic voting machines in all constituencies, empowering the Election Commission to take a decision regarding booth-capturing, not allowing chargesheeted persons, and curbing of election expenses. The paper suggests that it is not feasible to impose President's rule during elections or accept the principle of negative voting.

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